Oley Township, Berks County
Written and Recorded in 1781
Heirs: DeTurk/DeTurck, Sheffer, Weiser
Others: Reif, Hoch, Reeser, Bartolet, Sheridan, High
I John DeTurck of Oley Township in the County of Bercks in Pennsylvania Yeoman am weak and sick in Body but of a good Sound Mind Memory and understanding. Thanks be to God for it. Do Make and publisch this to be my testament & last will in Manner and form following that is to say
Imprimis I Recommend my immortal Soul in the hands of Almighty God, and my Body to be buried in the Earth in a decent & Christian like manner, and that all my lawful debts shall be paid by my Executors or the Survivor of them.
Item I give devise and bequeath to my son Abraham DeTurck and to his heirs and assigns for ever, the following piece or tract of land with all the building thereon erected, in the township and county aforesaid. Part of my Dwelling plantation. Beginning at an Ash tree a corner of Philip Reifs land and from there partly by Jo Reifs land and Daniel Hochs land, south west four hundred & twenty one perches to a post, thence south east eight four perches to a post, thence north east forty two and a half degrees East three hundred and thirty four perches and one quarter of a perch by the other part of my land to a stone, thence South seventy three degrees east three perches to a Spanish oak. Thence to cross a River or water stream four perches and a half to a stone, South fifty seven degrees East seventeen perches and a half to a stone, thence north twenty eight degrees and a half East eighty one perches to a post, thence north west fifty five perches to the place of beginning Containing one hundred and eight seven acres of land it be the same more or less
With this condition and reservation, that my son Philip DeTurk and his heirs and assigns for ever shall have the free liberty & priviledge to take all the water out of a certain dam on the land aforesaid and to levee in and trough a certain race or water course to water his adjacent Meadow ground from the first day of April yearly and every year during the season from Monday evening at sun set until Wednesday evening at sun set. And from Wednesday at Sunset my son Abraham DeTurck is to begin and shall have the water until Friday evening at sun set and so he change successively every eight and forty hours according to the true (inclosed) and Meaning hereof. And my son Abraham & his heirs and assigns. And my son Philip & his heirs and assigns shall from time to time and at all times when occasion requires jointly repair uphold mend maintain the said dam which land and plantation I do value to him for nine hundred pounds in gold or silver money or the value thereof so that each Spanish silver dollar shall weigh seventeen penny weight and six grains.
Item I give devise and bequeath to my son Philip De Turk and to his heirs and assigns for ever the remaining part of my dwelling plantation in the township and county aforesaid, with all the buildings thereon erected. Containing one hundred & eighty seven acres of land it be the same more or less with all such liberty and privildege as I have reserved in the foregoing article to water his Meadow ground which land I do value to him my Son Philip De Turk for one thousand and one hundred pounds in gold or silver money or the value thereof.
Item I give & bequeath to my said son Philip DeTurk and to his heirs and assigns for ever one undivided fourth part of and in a tract of fifteen acres of land in the township and county aforesaid which I hold in common with Jacob Sheridan, Peter Sheridan and Daniel High.
Item I give and bequeath to my said son Philip DeTurk and to his heirs and assigns one undivided fourth part of and in three acres of land in the said township and adjoining the aforementioned fifteen acres whereon a shoul house and burring ground is erected which I hold by lease in common with the said Jacob Sheridan, Peter Sheridan and Daniel High during the issue of the said lease.
Item My will is and I give and bequeath to each of my children: Daniel, John, Samuel, Abraham and Philip and my daughters Susanna Shaefer, Mary Weiser, and Deborah De Turk the sum of four hundred pounds. And so much as each of them hath received of me in my life time as may appear by my family book shall be deemed as part of the said sum, if it was in money or other effects [the horses and mares which I gave to my sons excepted]
Item I give and bequeath to my grand son John Weiser the sum of two hundred pounds in gold or silver money or the value there of
And I appoint my son John DeTurk to be the proper guardian of my said grand son John Weiser who shall put the said two hundred pounds on interest in good security. And he pay the principal & interest to him when he arrives to the age of twenty one years. And if he shall die under age then to pay the same to and among all my children in equal shares share & share alike.
Item My will is that my son Abraham DeTurk shall retain the sum of four hundred pounds out of the sum of nine hundred pounds which I valued his land for to make him equal with my other children. And the remaining five hundred pounds he shall pay to my executors or the survivor of them that is to say one hundred pounds of the money aforesaid or the value there of in one year after my decease and so every year the sum of one hundred pounds until the whole are paid.
Item My will is that my son Philip DeTurk shall retain the sum of four hundred pounds in his own hand out of the sum of one thousand and one hundred pounds which I had valued his land for to make him equal with my other children. And the remaining seven hundred pounds he shall pay to my executors or the survivor of them that is to say the sum of one hundred pounds of the money aforesaid or the value thereof in one years time after my decease and for every year the some of one hundred pounds until the whole are paid.
Item My will is that all the rest and residue of my estate which is not herein bequeathed shall by my executors or the survivor of them be divided to and among all my children to wit Daniel, John, Samuel, Abraham & Philip, DeTurk, and my daughter Susanna Sheffer, Mary Weiser and Deborah De Turk in equal shares share and share alike.
Item whereas my son Samuel DeTurk hath received a considerable sum of money and effects which will amount to more than his four hundred pounds as aforesaid and to make him more equal with my other children he shall pay to my executors or the survivor of them the surplus of what is more than four hundred pounds as it may more fully appear by my family book, in gold or silver money or the value thereof, the sum of one hundred pounds of the same money in one year after my decease and so yearly the sum of one hundred pounds until the whole are paid.
Item whereas my daughters have not received the full sum of four hundred pounds in my lifetime, either in money or effects, my will is that my executors or the survivor of them shall pay to each of them such sums as are so paid, in gold or silver money or the value thereof according to the true intent and meaning of this my will.
And lastly I nominate constitute & appoint as and for executors of this my Testament and Last will my son Daniel DeTurk and my loving brother in law Samuel High of Alsace Towhship and my son John DeTurk. And I give them and the survivor of them full power to sell my personal estate in such manner as they or the survivors of them shall think proper. And if by reason of war or other unavoidable accident my personal estate should suffer any loss or damage, my children shall bear all such loss or damage. And my executors or the survivor of them shall be indemnified. And if in case my personal estate should not amount by sale to so much money that my daughters can be paid their four hundred pounds as aforesaid with what they have received in my life time and to pay my grand son John Weiser his legacy, then each of them should stay with the remainder until the first payments of my son Samuel Abraham & Philip becomes due. In witness whereof I have set my hand and seal dated the eleventh day of January 1781.
Johan DeTurck
Signed sealed published declared by the said John DeTurk in the presence of us
William Reeser
Peter __
Daniel Bartolet
Submitted by: Kathy.
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